SC rejects Ashish Mishra's plea to relax bail conditions for Lakhimpur Kheri visit
Synopsis
Key Takeaways
The Supreme Court on Thursday, 6 August rejected an application filed by Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case, seeking relaxation of his bail conditions to allow him to visit his hometown in Uttar Pradesh's Lakhimpur Kheri. A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana declined to entertain the plea.
What the Court Said
'There is no ground to entertain this prayer at this stage,' the CJI-led bench stated while dismissing the application. Mishra's counsel had argued that the existing travel restrictions prevented him from attending family functions, including his daughters' birthday celebrations, and sought further modification of the bail conditions.
Witness Dropping Concerns Raised
Advocate Prashant Bhushan, appearing for the complainants, raised concerns during the hearing over the pace of the trial. He alleged that several crucial prosecution witnesses — including eyewitnesses — were being dropped from the witness list because they were being summoned at short notice, sometimes for the very next day, and omitted if they failed to appear. The CJI-led bench responded that such grievances must first be placed before the trial court, and could only be brought to the apex court thereafter.
Background of Bail Conditions
In January 2023, the Supreme Court granted Mishra interim bail with stringent conditions, including a bar on entering Uttar Pradesh except for attending trial proceedings. The court had also warned that any attempt by him or his family members to influence witnesses would result in cancellation of bail. The interim bail was made absolute in July 2024. Subsequently, the court relaxed some conditions, permitting him to stay in Lucknow or New Delhi and allowing weekend family visits, subject to his return to Lucknow by Sunday daytime. On earlier occasions, the court had granted him temporary permission to visit Lakhimpur Kheri for limited periods to celebrate Diwali and attend family engagements.
The 2021 Lakhimpur Kheri Violence
In October 2021, eight people were killed in Tikunia in Lakhimpur Kheri district when violence erupted during farmer protests against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya to the area. According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was reportedly seated. The case has remained under Supreme Court supervision given its political sensitivity and the seriousness of the charges.
What Happens Next
The trial court proceedings will continue, with the apex court's earlier directive to take lawful measures to secure witness presence and comply with the witness protection mechanism remaining in force. The prosecution has also been asked to drop unnecessary formal witnesses to expedite the trial. Any fresh concerns over trial conduct will need to be raised before the trial court in the first instance before approaching the Supreme Court.